Deposit Account Agreement

Deposit Account Agreement Amendments

Effective May 30, 2013

Section 3.a. is hereby deleted in its entirety and replaced with the following:

Initial Deposit.  You may make your initial deposit by transferring money to your account at GoBank.com, depositing a check using our Mobile App or purchasing a MoneyPak® at a Green Dot retailer for up to $4.95.

Section 3.d.iii. is hereby deleted in its entirety and replaced with the following:

Checks Deposited Using Our Mobile Deposit Service.  If we confirm receipt of your deposit information on a business day before 4:00 p.m. Pacific time, we will consider that day to be the day of your deposit; otherwise, your Check will be considered deposited as of the next business day.  We will make funds from your Check deposits available to you ten (10) business days after the day of your deposit. We may elect to extend the hold period for mobile deposit, for all or a portion of your deposit, for any reason and will notify you if we do so.

Section 5 is hereby deleted in its entirety and replaced with the following:

5.   Mobile Deposit Service.  You can use our mobile deposit service (the “Service”) to capture images of Eligible Checks (as defined below) and then transmit those images and other data to us electronically for deposit to certain eligible bank accounts. We may clear, present for payment, and collect the Eligible Checks you send us in any manner we choose in our sole discretion.  You may not be eligible to use the Service if your account is not in good standing, if you have had a returned check from previous uses of the Service or if your account is new. We reserve the right to change these eligibility requirements at any time without prior notice.  The check image and associated information transmitted electronically to us or our processor, Certegy Check Services, Inc. (our “Processor”) are called collectively the “Check Image.”  The paper instrument to which the Check Image relates is called the “Original Check.”

    • Mobile Application Required.You will need to download our mobile application (the “Mobile App”) in order to use the Service. We will, in our sole discretion, pick the platforms on which the Mobile App will work.  Not all types of smartphones will be able to use the Mobile App.  We will grant you a license to use the Mobile App, and your use of the Service and the Mobile App are subject to the terms of the license agreement for the Mobile App and the Online and Mobile Services Agreement attached to this Deposit Account Agreement as Appendix A (the “Online Services Agreement”). You are responsible for providing and maintaining the equipment that is necessary for use of the Service. Any equipment or software you obtain from a third party is at your sole discretion and must conform to our Service specifications and requirements.  We assume no responsibility for the defects or incompatibility of any telephones or other mobile communications devices, or other equipment that you use in connection with the Service, even if we have previously approved their use. At our election, we may replace or repair the Mobile App. We assume no responsibility for any errors, failures, or malfunctions of your mobile device, or for any virus or related problems that may occur in connection with your use of this Service. We assume no obligation to offer support services for, or upgrades to, the Mobile App.
    • Using the Service.You agree to: (a) install the Mobile App and implement any changes or upgrades to the Mobile App that we may require; (b) follow our Service instructions for capturing and transmitting Check Images to us; (c) view each Check Image as it is scanned to ensure that the images (front and back) are being captured properly; and (d) if requested, provide us with the Original Checks that are not destroyed and still within your possession (or sufficient copies of the Original Checks) within five business days of our request. A “sufficient copy” of an Original Check is a paper reproduction of an Original Check that accurately represents all of the information on the front and back of the Original Check as of the time the image was transmitted to us by means of this Service. You agree not to transfer, deposit, negotiate, or otherwise use any Original Check (or a copy of any Original Check) once we confirm its receipt by us through the Service. Once you transmit an Original Check to us, you agree to safeguard the Original Check and any copies of it from access by others.  You may use the Services only for non-business, personal use in accordance with these Terms and Conditions. By transmitting a Check Image to us through the Mobile App, you authorize us and our Processor to contact you, including via e-mail and the mobile telephone number you have most recently provided us in respect of your Account, regarding any processing issue or collection effort with respect to such Check Image.
    • Endorsements and Procedures.You agree to: (a) ensure that all Eligible Checks transmitted through the Service are made payable to you; (b) endorse the back of all Eligible Checks that you transmit to us through this Service with your signature; (c) retain Original Checks for 20 days after we confirm receipt of your Check Image; and (d) securely and thoroughly destroy the Original Checks 20 days after we confirm their receipt.  Your endorsement may not contain any limiting language, such as designating a specific person to whom the check is to be paid, indicating the check is endorsed for deposit only, or otherwise restricting further transfer or negotiation of the item.  You agree to follow all other instructions provided by us for capturing and transmitting Check Images via the Service.  Checks received that are not endorsed in accordance with this provision may be rejected.
    • Limits for Check Deposits.We reserve the right to impose limits on the dollar amount(s) and/or the number of checks that you deposit and transmit through the Service. We will make these deposit limits available to you at the time you conduct your transaction.  If you attempt to initiate a deposit below or in excess of these limits, we may, at our sole discretion, reject your deposit. We may modify these limits from time to time, and if we permit you to exceed the limits we may cease doing so at any time without notice or cause.
    • Eligible Checks.You agree that you will use the Service to make deposits to your account only by delivering to us “Eligible Checks”.  Eligible Checks are negotiable demand drafts drawn on U.S or Canadian domiciled financial institutions in U.S. dollars that are:
      • payroll checks;
      • insurance agency checks;
      • cashier’s checks;
      • money orders;
      • rebate checks;
      • stock dividend checks;
      • checks issued by a business to you;
      • tax refund checks;
      • federal, state and municipal government checks; and
      • personal checks.

We will also accept U.S. Dollar denominated travelers cheques issued by American Express Travel Related Services Company, Inc.

Eligible Checks must also meet the following criteria:

      • the MICR number, check number and name of the payer are all commercially imprinted on the Original Check;
      • your name is imprinted or legibly written in ink on the Original Check;
      • the payer’s U.S. or Canadian street address and zip code are written on the Original Check at the time of the authorization request;
      • the check is submitted within ninety (90) days of the check date; and
      • the check does not contain erasures and was not altered.
    • Certain Checks Not Permitted.You may use the Service only to deposit Original Checks that are made payable only to you. You may not use the Service to deposit:
      • Checks payable to others (even if endorsed over to you) and checks payable to more than one person (even if you are one of the payees);
      • Demand drafts or remotely created checks (i.e., checks lacking the original signature of the person authorizing the check);
      • Substitute checks (i.e., paper checks created from an electronic image);
      • Checks that are irregular in any way (for example, where the numerical and written amounts are different);
      • Checks that have previously been cashed or deposited (either in paper form or electronically) or submitted for collection and returned unpaid for any reason;
      • Checks that are not dated, are postdated, or are more than ninety (90) days old;
      • Checks payable in a foreign currency;
      • Checks payable to “Cash” or drawn on another account that you own;
      • Checks drawn by an OFAC-restricted person, country or entity;
      • Registered government warrants;
      • Checks you know, suspect or should suspect may be fraudulent, forged, altered or not properly authorized;
      • Checks that do not bear the original signature of the person on whose account the check is drawn; or
      • Checks that exceed the deposit limits that we establish for the Service.

The fact that we or our Processor accepts any of the items described above shall not obligate us to continue that practice, and we may stop doing so without cause or prior notice.

We may refuse any check for deposit, with or without cause, or may elect to take a check on a collection basis only. If we accept a check for collection, we will send it to the institution upon which it is drawn, but will not credit your account for the amount until we receive the funds from the other institution. If we elect to credit your account before then, we will charge the amount back against your account if we do not receive payment for any reason. We may, at our sole discretion, represent any check that has been returned to us for insufficient funds without notice to you.

    • Your Representations.You represent and warrant the following with respect to each Check Image that you transmit through the Service:
      • You have the legal right to accept the Original Check for deposit and negotiation, and the Check Image is of an Eligible Check.
      • The Check Image that you transmit accurately represent all of the information on the front and back of the Original Check, including (without limitation) all endorsements, at the time of transmission.
      • You have not taken any action that would obscure, alter, or impair the capture or transmission of information on the front or back of the Original Check or that otherwise may prevent us or another bank from capturing or processing such information.
      • You make all warranties that would otherwise apply to the Original Check if it had been a paper item deposited with us. For example, you warrant that the Original Check has not been altered and that you have a right to enforce the Original Check.
      • You make all encoding, transfer, presentment, and other warranties that we or any correspondent bank we use are deemed to provide to others (e.g., as a reconverting bank) under any law, regulation, operating circular, clearinghouse rule, or image exchange network rule or agreement to which we or they are a party.
      • No Original Check will be presented for deposit or payment more than once. You have not previously cashed, deposited or transferred the Original Check, any image of the Original Check or any substitute check for the Original Check.
      • The Original Check is not otherwise prohibited by this Agreement.
      • You will only use the Service for lawful purposes and in compliance with the online instructions and applicable law. You agree not to conduct any transactions that would violate the laws of any state or the United States.
      • You will not submit files containing malicious code.
      • Neither the Receiving Bank nor any other person will receive a transfer, presentment or return of, or otherwise be charged for the Check Image, the Original Check, or a paper or electronic representation of the Original Check such that the person will be asked to make a payment based on an item that it has already paid.
    • Security Procedures.We may elect, at our discretion, to verify the authenticity or content of any transmission by placing a call to any owner or authorized user of your account. We may deny access to the Service without prior notice if we are unable to confirm to our satisfaction any person’s authority to access the Service or if we believe such action is necessary for security reasons. You agree to be responsible for any transmission or transaction we receive through the Service, even if it is not authorized by you, provided it includes your Password or is otherwise processed by us in accordance with our security procedure.  Each time you transmit Check Images and other information to us, you agree that our security procedures are commercially reasonable (based on the normal size, type, and frequency of your transactions).
    • When You Can Use the Service.The Service can be utilized 24 hours a day, seven days a week, except when the system is unavailable due to needed maintenance or system outages. Check Images submitted by you to us on or after 4:00 p.m. Pacific time, or on a Saturday, Sunday, or federal holiday, may be deemed received by us as of the second succeeding business day. We are not responsible for the unavailability of the Service or any damages that may result from its unavailability.
    • Confirmations.We will provide you with a confirmation at the end of each transmission, confirming our receipt of your Check Image and related information. This confirmation does not imply that the transmission was error-free or complete. If you do not receive a confirmation, it may mean that we did not receive your transmission or that there was a problem with some of the information. Notwithstanding any confirmation by us of its receipt, we may reject the Check Image, with or without cause, and charge the amount credited back against any provisional credit to your account.

When your check deposit has been posted to your account, you will receive an electronic receipt. The deposit will be shown in your online transaction history.

    • Returned Deposits.  Any credit to your account for checks deposited using this Service is provisional. If the maker of a check or another third party makes a claim against us or seeks a re-credit with respect to any check processed through this Service, we may provisionally freeze or hold aside a like amount in your account pending our investigation and resolution of the claim. We also will charge or offset any of your accounts for any check that is returned, whether or not the return is timely or proper. If a check is returned to us for any reason, we may return it to you in the form of a substitute check or send you a copy of the check or only send you a notification of the return.
    • Use of Consumer Reports. By submitting a Check Image to us via the Service, you authorize us or our designee to obtain a consumer report or other report in respect of the transaction from consumer reporting agencies or companies that maintain check databases, and to furnish information regarding your Check Image to consumer reporting agencies. We may use these reports, and other information available to us, to assess your eligibility or the eligibility of the Check for processing via the Service. We will make an eligibility assessment, and obtain a consumer or other report on you, each time that you transmit a Check via the Service.  Our Processor may use the information relating to eligible check activity for its other clients and for other risk management products or services.
    • Charges for the Service.We do not charge a fee for the Service, but you agree to pay all taxes, tariffs, and assessments levied or imposed by any government agency in connection with the Service made available to you (excluding any income tax payable by us). You are solely responsible for the cost of any telephone service charges, network connection fees, communication lines, and other charges payable to third parties.
    • Limitation of Liability.Our liability and your remedy for actual costs and losses resulting from our failure to process Check Images in accordance with the Terms and Conditions shall not exceed the direct money damages that you incur as a result of our failure. We will not be responsible for any loss, delay, cost, or liability which arises, directly or indirectly, in whole or in part, from: (a) your actions or omissions, or those of third parties who are not within our immediate and reasonable control; (b) your negligence or breach of any agreement with us; (c) any ambiguity, inaccuracy, or omission in any information provided to us; (d) any error, failure, or delay in the transmission or delivery of data, records, or checks due to a breakdown in any computer or communications facility; (e) accidents, strikes, labor disputes, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), or acts of God; (f) causes beyond our reasonable control; (g) our inability to confirm to our satisfaction the authority of any person to act on your behalf; (h) your failure to provide us with complete and correct Check Images and data in accordance with the Terms and Conditions and our Service instructions; (i) the return of any check by the institution upon which it is drawn; (j) the unavailability of the Service for any reason; (k) any information that is lost, intercepted, or destroyed during its transmission to us; or (l) limitations placed on transactions by the Federal Reserve, clearinghouses, or exchange network rules or guidelines. Although we may attempt to detect errors in your instructions (e.g., you send an image of the same check to us twice), we assume no liability for failing to do so.

We will not be responsible under any circumstances or under any legal theory for special, indirect, or consequential damages, including (without limitation) any loss of profits, opportunity, or goodwill that you incur as a result of our actions or omissions, even if we are aware of the possibility for such damages.

You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the Service.

    • Indemnification.You will indemnify, defend, and hold us, our vendors, and the licensors of the Mobile App harmless against any and all actions, proceedings, liabilities, losses, costs (including attorneys’ fees), penalties, fines, and claims, including (without limitation) warranty claims, that result from or arise in connection with: (a) our processing of Check Images in accordance with this Agreement; (b) your actions or omissions, including your breach of any representation or failure to comply with this Agreement; (c) any modifications or changes you make to the Mobile App without our written consent; (d) any misuse of the Mobile App by you; (e) your failure to comply with applicable state and federal laws and regulations; (f) actions by third parties, such as the introduction of a virus, that delay, alter, or corrupt the transmission of Check Images or information to us; or (g) any claim by a recipient of a substitute check (corresponding to a check processed through the Service) that the recipient incurred a loss due to (i) the receipt of a substitute check instead of the Original Check, or (ii) multiple payments with respect to the same Original Check, based on any combination of the Original Check, the substitute check, and/or any paper or electronic copy of either.
    • Errors. You agree to notify us immediately of any suspected errors regarding items deposited through the Service, and in no event later than 60 days after the applicable account statement is sent. Unless you notify us within 60 days, such account statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.
    • Notices.You agree to notify us immediately if you discover: (a) any error or discrepancy between your records and the information we provide to you about your accounts or transactions; (b) unauthorized transactions involving any account; (c) a breach in the confidentiality of your Password; or (d) other problems related to the Service. We may provide notices to you at your account address, electronically via the Service, via SMS text, or at the email address we show in our Service records. You must have a current email address on file with us in order to enroll in and use the Service. To change your email address on file, log in to http://www.GoBank.com or contact us for assistance.
    • Termination or Suspension of Service.We reserve the right to terminate the Service at any time without notice to you.  We may suspend or terminate your use of the Service at any time, with or without cause in our sole discretion. We may suspend or terminate the Service without prior notice to you if: you breach any agreement with us; we believe there has been or may be a breach in the security of the Service or unauthorized activity involving your account; or we are uncertain regarding the authorization, completeness, or accuracy of Check Images sent to us. Any termination will not affect obligations arising prior to termination, such as the obligation to process Check Images transmitted to us prior to the termination date or your obligation to indemnify us.

Deposit Account Agreement

Here are all the rules associated with your GoBank account, like fees, limits on uses of the account and your rights in the event of errors or unauthorized transactions. It’s kinda like a user’s manual.

WELCOME TO GOBANK!

This Deposit Account Agreement (including the Online and Mobile Services Agreement attached as Appendix A) explains how your account works, what fees are applicable to your account, how our various services work, and the policies, terms and conditions that govern your account. Please read this agreement and keep it for your records. You can get a copy of it at any time at GoBank.com/Legal.

When we say “we,” “us,” “our” or “Bank,” we mean GoBank, a brand of Green Dot Bank, Member FDIC, the bank that holds the money in your account. Please note that Green Dot Bank operates under the following registered trade names: GoBank, Green Dot Bank and Bonneville Bank. All of these registered trade names are used by, and refer to, a single FDIC-insured bank, Green Dot Bank. Deposits under any of these trade names are deposits with Green Dot Bank and are aggregated for deposit insurance coverage.

When we say “you” or “your,” we mean each person who has a GoBank account and anyone else that a GoBank accountholder gives account access to. You can find other definitions near the end of this agreement.

NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR AT THE END OF THIS AGREEMENT.

1. Getting Started

a. General Information. Your account is a deposit account. Once you open your account and make an initial deposit of at least $50, you will receive a Visa debit card that is linked to your account. Your account will not have paper checks, but you can pay bills and write checks to other people through our online bill payment service. Money in your account, including any money you put in the Money Vault, will not earn interest. Your accounts with us are insured to the regulatory limits by the Federal Deposit Insurance Corporation, or FDIC. Please note that Green Dot Bank operates under the following registered trade names: GoBank, Green Dot Bank and Bonneville Bank. All of these registered trade names are used by, and refer to, a single FDIC-insured bank, Green Dot Bank. Deposits under any of these trade names are deposits with Green Dot Bank and are aggregated for deposit insurance coverage up to the maximum allowed.

b. Opening an Account. To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who opens an account. When you apply for an account, we will ask for your name, address, date of birth, social security number, phone number and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

We reserve the right to not open an account for anyone in our sole discretion. We may also limit the number of accounts that you have in our sole discretion. We do not allow for joint ownership of accounts, so only one person can be the GoBank accountholder.

2. Fees

a. General. Our fee schedule below describes the fees associated with our accounts and services. We may offer additional products, services and features from time to time, and the fees for those offerings will be disclosed to you at the time they are offered. In addition to the fees listed below, there are some situations where a third party may charge additional fees. For example, when you use an ATM outside of our network, you may be charged a fee by the ATM operator in addition to our fee. See GoBank.com/free-ATM (or use our mobile app) to find the in-network ATMs near you.

Fee TypeFeeMonthly Membership Fee $0.00 to $9.001 Custom Debit Card $9.00 per card Custom Debit Card Replacement (for lost/stolen/damaged custom card) $9.00 per replacement Out of Network ATM Withdrawal2 $2.50 Out of Network ATM Balance Inquiry $1.00 Foreign Transaction Fee33% of total transaction amount

1 You can select any full dollar amount between $0 to $9 for your Monthly Membership fee. We will assess your Monthly Membership Fee starting 30 days after you make your initial deposit. You can change your Monthly Membership Fee at any time during the month, but we will lock in your fee as of 11:59 pm Pacific time the day before your fee is due to be assessed.
2 When you use an ATM outside of our network, you may be charged a fee by the ATM operator in addition to our fee (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
3 This fee is in addition to any other fee that may apply to your transaction (for example, if you withdraw cash at an ATM outside the United States, you will pay a $2.50 Out of Network ATM Withdrawal fee, plus a 3% Foreign Transaction Fee).

3. General Information About Deposits & Funds Availability

a. Initial Deposit. You may make your initial deposit by transferring money to your account at GoBank.com, or by purchasing a MoneyPak® at a Green Dot retailer for up to $4.95.

b. Subsequent Deposits. You may make subsequent deposits to your account by transferring money to your account at GoBank.com, by signing up for direct deposit, or by using our mobile deposit service. Our website or mobile app may offer you additional ways to deposit money from time to time, and any applicable fees or limits will be disclosed to you at the time they are offered to you.

c. Limits on Deposits. We may refuse to accept a deposit or transfer to an account, limit its size, or return all or part of it to you or the sender. We reserve the right to limit the amount of funds that may be maintained in an account. The most you can deposit to your account in any day in cash is $2,500. We may, in our sole discretion, let you deposit more money to your account if you deposit by direct deposit or other methods. You will not be able to deposit money to your account if the deposit will cause you to exceed the maximum allowed account balance. Except through our person-to-person transfer service, no other person can deposit money to your account on your behalf, and we reserve the right to reject any such deposit. We’re sorry, but we cannot accept checks or cash mailed to us for deposit or inbound wire transfers.

d. Funds Availability. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

4. Direct Deposits. You may arrange to have funds transferred directly to your account by your employer or other appropriate payor once we have successfully verified your personal information. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (888) 280-8260 or visit GoBank.com to find out whether or not the deposit has been made. Funds from electronic direct transfer will generally be available on the day the Bank receives the transfer. In case of transmission error, or transfer irregularity, your ability to withdraw funds may be delayed. If this occurs, then funds will generally be available within five (5) business days after the transfer. We reserve the right to reject or limit transfers via direct deposit in our sole discretion, and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or social security number) that we have on file for you. You may cancel the direct transfer authorization at any time by sending a written notice to your employer or payor and providing your employer or payor and the Bank sufficient time to act upon the notice. Your employer or payor may terminate this method of payment, with or without cause, at any time.

5. Mobile Deposit Service. You can use our mobile deposit service (the “Service”) to capture images of checks (“Checks” and “Check”) and then transmit those images and other data to us electronically for deposit to certain eligible bank accounts. We may clear, present for payment, and collect the Checks you send us in any manner we choose in our sole discretion. You may not be eligible to use the Service if your account is not in good standing, if you have had a returned Check from previous uses of the Service or if your account is new. We reserve the right to change these eligibility requirements at any time without prior notice.

a. Mobile Application Required. You will need to download our mobile application (the “Mobile App”) in order to use the Service. We will, in our sole discretion, pick the platforms on which the Mobile App will work. Not all types of smartphones will be able to use the Mobile App. We will grant you a license to use the Mobile App, and your use of the Service and the Mobile App are subject to the terms of the license agreement for the Mobile App and the Online and Mobile Services Agreement attached to this Deposit Account Agreement as Appendix A (the “Online Services Agreement”). You are responsible for providing and maintaining the equipment that is necessary for use of the Service. Any equipment or software you obtain from a third party is at your sole discretion and must conform to our Service specifications and requirements. We assume no responsibility for the defects or incompatibility of any telephones or other mobile communications devices, or other equipment that you use in connection with the Service, even if we have previously approved their use. At our election, we may replace or repair the Mobile App. We assume no responsibility for any errors, failures, or malfunctions of your mobile device, or for any virus or related problems that may occur in connection with your use of this Service. We assume no obligation to offer support services for, or upgrades to, the Mobile App.

b. Using the Service. You agree to: (a) install the Mobile App and implement any changes or upgrades to the Mobile App that we may require; (b) follow our Service instructions for capturing and transmitting Check images and other information to us; (c) view each Check as it is scanned to ensure that the images (front and back) are being captured properly; and (d) if requested, provide us with the original Checks that are not destroyed and still within your possession (or sufficient copies of the Checks) within five business days of our request. A “sufficient copy” of a Check is a paper reproduction of an original Check that accurately represents all of the information on the front and back of the original Check as of the time the image was transmitted to us by means of this Service. You agree not to transfer, deposit, negotiate, or otherwise use any Check (or a copy of any Check) once we confirm its receipt by us through the Service. Once you transmit a Check to us, you agree to safeguard the original Check and any copies of it from access by others. You may use the Services only for non-business, personal use in accordance with these Terms and Conditions.

c. Endorsements and Procedures. You agree to: (a) ensure that all Checks transmitted through the Service are made payable to you; (b) endorse the back of all Checks that you transmit to us through this Service with your signature and the words “Mobile Deposit” below your signature; (c) conspicuously and indelibly mark on the top half of the front of all Checks “ELECTRONICALLY PRESENTED” immediately after you receive electronic notice or you view in your transaction history that the Checks are posted to your account; (d) retain original Checks for 20 days after we confirm receipt of your Check; and (e) securely and thoroughly destroy the original Checks 20 days after we confirm their receipt. Checks received that are not endorsed in accordance with this provision may be rejected.

d. Limits for Check Deposits. We reserve the right to impose limits on the dollar amount(s) and/or the number of Checks that you deposit and transmit through the Service. We will make these deposit limits available to you at the time you conduct your transaction. If you attempt to initiate a deposit below or in excess of these limits, we may, at our sole discretion, reject your deposit. We may modify these limits from time to time, and if we permit you to exceed the limits we may cease doing so at any time without notice or cause.

e. Certain Checks Not Permitted. You may use the Service only to deposit original paper Checks that are made payable only to you. You may not use the Service to deposit:

Our processing of any of the Checks described above shall not obligate us to continue that practice, and we may stop doing so without cause or prior notice.

We may refuse any Check for deposit, with or without cause, or may elect to take a Check on a collection basis only. If we accept a Check for collection, we will send it to the institution upon which it is drawn, but will not credit your account for the amount until we receive the funds from the other institution. If we elect to credit your account before then, we will charge the amount back against your account if we do not receive payment for any reason. We may, at our sole discretion, represent any Check that has been returned to us for insufficient funds without notice to you.

f. Your Representations. You represent and warrant the following with respect to each Check that you transmit through the Service:

g. Security Procedures. We may elect, at our discretion, to verify the authenticity or content of any transmission by placing a call to any owner or authorized user of your account. We may deny access to the Service without prior notice if we are unable to confirm to our satisfaction any person’s authority to access the Service or if we believe such action is necessary for security reasons. You agree to be responsible for any transmission or transaction we receive through the Service, even if it is not authorized by you, provided it includes your Password or is otherwise processed by us in accordance with our security procedure. Each time you transmit Check images and other information to us, you agree that our security procedures are commercially reasonable (based on the normal size, type, and frequency of your transactions).

h. When You Can Use the Service.The Service can be utilized 24 hours a day, seven days a week, except when our system is unavailable due to needed maintenance or system outages. Checks submitted by you to us on or after 2:00 p.m. Pacific time, or on a Saturday, Sunday, or federal holiday, may be deemed received by us as of the next business day. We are not responsible for the unavailability of the Service or any damages that may result from its unavailability.

i. Confirmations. We will provide you with a confirmation at the end of each transmission, confirming our receipt of your Check image and related information. This confirmation does not imply that the transmission was error-free or complete. If you do not receive a confirmation, it may mean that we did not receive your transmission or that there was a problem with some of the information. Notwithstanding any confirmation by us of its receipt, we may reject the Check, with or without cause, and charge the amount credited back against any provisional credit to your account.

When your Check deposit has been posted to your account, you will receive an electronic receipt. The deposit will be shown in your online transaction history.

j. Returned Deposits. Any credit to your account for Checks deposited using this Service is provisional. If the maker of a Check or another third party makes a claim against us or seeks a re-credit with respect to any Check processed through this Service, we may provisionally freeze or hold aside a like amount in your account pending our investigation and resolution of the claim. We also will charge or offset any of your accounts for any Check that is returned, whether or not the return is timely or proper. If a Check is returned to us for any reason, we may return it to you in the form of a substitute check or send you a copy of the Check or only send you a notification of the return.

k. Charges for the Service. We do not charge a fee for the Service, but you agree to pay all taxes, tariffs, and assessments levied or imposed by any government agency in connection with the Service made available to you (excluding any income tax payable by us). You are solely responsible for the cost of any telephone service charges, network connection fees, communication lines, and other charges payable to third parties.

l. Limitation of Liability. Our liability and your remedy for actual costs and losses resulting from our failure to process Checks in accordance with the Terms and Conditions shall not exceed the direct money damages that you incur as a result of our failure. We will not be responsible for any loss, delay, cost, or liability which arises, directly or indirectly, in whole or in part, from: (a) your actions or omissions, or those of third parties who are not within our immediate and reasonable control; (b) your negligence or breach of any agreement with us; (c) any ambiguity, inaccuracy, or omission in any information provided to us; (d) any error, failure, or delay in the transmission or delivery of data, records, or Checks due to a breakdown in any computer or communications facility; (e) accidents, strikes, labor disputes, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), or acts of God; (f) causes beyond our reasonable control; (g) our inability to confirm to our satisfaction the authority of any person to act on your behalf; (h) your failure to provide us with complete and correct Check images and data in accordance with the Terms and Conditions and our Service instructions; (i) the return of any Check by the institution upon which it is drawn; (j) the unavailability of the Service for any reason; (k) any information that is lost, intercepted, or destroyed during its transmission to us; or (l) limitations placed on transactions by the Federal Reserve, clearinghouses, or exchange network rules or guidelines. Although we may attempt to detect errors in your instructions (e.g., you send an image of the same Check to us twice), we assume no liability for failing to do so.

We will not be responsible under any circumstances or under any legal theory for special, indirect, or consequential damages, including (without limitation) any loss of profits, opportunity, or good will, that you incur as a result of our actions or omissions, even if we are aware of the possibility for such damages.

You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the Service.

m. Indemnification. You will indemnify, defend, and hold us, our vendors, and the licensors of the Mobile App harmless against any and all actions, proceedings, liabilities, losses, costs (including attorneys’ fees), penalties, fines, and claims, including (without limitation) warranty claims, that result from or arise in connection with: (a) our processing of Checks in accordance with this Agreement; (b) your actions or omissions, including your breach of any representation or failure to comply with this Agreement; (c) any modifications or changes you make to the Mobile App without our written consent; (d) any misuse of the Mobile App by you; (e) your failure to comply with applicable state and federal laws and regulations; (f) actions by third parties, such as the introduction of a virus, that delay, alter, or corrupt the transmission of Check images or information to us; or (g) any claim by a recipient of a Substitute Check (corresponding to a Check processed through the Service) that the recipient incurred a loss due to (i) the receipt of a substitute check instead of the original Check, or (ii) multiple payments with respect to the same original Check, based on any combination of the original Check, the substitute check, and/or any paper or electronic copy of either.

n. Errors. You agree to notify us immediately of any suspected errors regarding items deposited through the Service, and in no event later than 60 days after the applicable account statement is sent. Unless you notify us within 60 days, such account statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.

o. Notices. You agree to notify us immediately if you discover: (a) any error or discrepancy between your records and the information we provide to you about your accounts or transactions; (b) unauthorized transactions involving any account; (c) a breach in the confidentiality of your Password; or (d) other problems related to the Service. We may provide notices to you at your account address, electronically via the Service, via SMS text, or at the email address we show in our Service records. You must have a current email address on file with us in order to enroll in and use the Service. To change your email address on file, log in to http://www.GoBank.com or contact us for assistance.

p. Termination or Suspension of Service. We reserve the right to terminate the Service at any time without notice to you. We may suspend or terminate your use of the Service at any time, with or without cause in our sole discretion. We may suspend or terminate the Service without prior notice to you if: you breach any agreement with us; we believe there has been or may be a breach in the security of the Service or unauthorized activity involving your account; or we are uncertain regarding the authorization, completeness, or accuracy of Check information sent to us. Any termination will not affect obligations arising prior to termination, such as the obligation to process Checks transmitted to us prior to the termination date or your obligation to indemnify us.

6. Depositing Money to Your Account With a Debit Card. You may use certain bank-issued debit cards to deposit money to your GoBank account (the “Debit Card Deposit Service”).

a. Your Representations. You represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) the personal information that you provide to us in connection with the Debit Card Deposit Service is true, correct and complete; (c) you are the owner of the debit card identified in your registration for the Debit Card Deposit Service and any related bank account (the “debit card”); (d) you are the owner of the GoBank account; and (e) you are authorized to use the debit card to add funds to your GoBank account.

b. Confirming Your Identity. You authorize us and our agents to confirm your identity when you use the Debit Card Deposit Service. This may include asking you for additional information or requiring you to take additional steps to confirm information you have already provided.

c. Use of Personal Information. During the registration and funding process for the Debit Card Deposit Service, you will be providing certain personal information, such as your name, address, telephone number and bank debit card number to us. We may share your personal information with service providers so that we can provide you with the Debit Card Deposit Service and to comply with applicable law.

d. Your Debit Card. To use this Service, your debit card must have been issued by a licensed U.S. bank and be accepted on the Visa or MasterCard network (check the card for the appropriate logo). Please note that the amounts you add to your GoBank account may be charged almost immediately to your bank account. The types of debit cards that can be accepted for the Debit Card Deposit Service are subject to change at any time in our sole discretion. You may not use a credit card to deposit money using this Service. If you do, we are not responsible for any fees, finance charges or penalties that your credit card issuer may assess as a result of the transaction.

e. Available Funds. You are responsible for ensuring that your debit card has sufficient available funds (including associated fees) for each deposit you request. If you do not have sufficient available funds, your financial institution may not authorize the transaction. We have no control over your financial institution’s decision. We also are not responsible or liable to you for any insufficient funds fees or other fees imposed by your financial institution or any transactions that you are unable to complete if you fail to have sufficient funds for your deposit request. Please note that it may take up to one hour to process a deposit request if you are applying for your account online at the time of your deposit request.

f. Minimum and Maximum Deposit Amount; Limitations. You can use the Debit Card Deposit Service to deposit $20 - $200 to your GoBank account at one time ($50 minimum if you use the Debit Card Deposit Service to make your initial deposit). We may limit the number of transactions you can make using the Debit Card Deposit Service in our sole discretion.

g. No Refunds or Reversals. Once you deposit funds to your GoBank account from your debit card, you cannot transfer funds back to your debit card from your GoBank account.

h. Hours of Operation/Availability. You can access this Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.

THIS SERVICE IS MADE AVAILABLE ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR AGENTS OR VENDORS PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNLESS OTHERWISE REQUIRED BY LAW, NEITHER WE NOR OUR AGENTS OR VENDORS SHALL BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion or limitation of certain types of damages or implied warranties. As such, the disclaimers above may not apply to you.

i. Termination or Suspension of Service. We may suspend or terminate your access to or use of the Debit Card Deposit Service at any time without cause in our sole discretion. We may immediately suspend your use of the Debit Card Deposit Service if we have reason to believe there has been or may be an unauthorized use of your GoBank account or the debit card you used to make the deposit, or we are unable to verify your identity or authority to use the debit card to our satisfaction.

7. About Your Debit Card

a. General.Your Visa debit card (your “Card”) is linked to your account. You will be able to set a personal identification number (“PIN”) for your Card. You agree not to disclose your PIN to others and to safeguard its confidentiality. You may use your Card to purchase goods and services anywhere Visa debit cards are accepted and to access cash at ATMs and from tellers of financial institutions displaying the Visa name and/or logo, as applicable. Please note that if you use your Card to get account balance information from an ATM, the balance may not reflect recent transactions, and may include funds that are not available for immediate withdrawal.

b. Charges to Your Card and Receipts. Each time you use your Card to purchase goods or services, you authorize us to charge the amount against the money in your Account. You should get a receipt at the time you make a transaction or obtain cash using your Card, and you can get a receipt at the time you make any withdrawal from your account using your Card at one of our in-network ATMs.

c. Limits on the Use of Your Card. You are not authorized to make purchases using your Card that in the aggregate exceed $3,000 per calendar day. We reserve the right, in our sole discretion, to limit the amount, number or type of transactions you can make using your Card. You may only withdraw up to $500 from an ATM in a single day. We may, in our sole discretion, further limit your use of the Card at ATMs, and, in addition to our limits, an ATM owner or operator may impose additional withdrawal limits. We may refuse to process any transaction that we believe may violate the law or the terms of this Agreement. You agree that you will: (i) not use the Card at unlawful domestic or international gambling web sites, or at payment processors supporting unlawful gambling web sites, or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any PIN used to access account funds; and (iv) use the Card only as instructed. We may refuse to issue a Card, revoke or suspend your Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. We reserve the right to limit or block the use of your Card in foreign countries due to fraud or security concerns or to comply with applicable law.

d. Money in Your Account May Be Held Until a Transaction is Completed. When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate the final purchase amount. When you use your Card at an ATM or for a teller cash withdrawal transaction, we generally authorize the transaction in advance (including all applicable fees). When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and will place a hold on your account’s funds for the amount indicated by the merchant, and this transaction will show as “pending” in your transaction history. We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction amount (such as to cover a tip at a restaurant). Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or a “hold” on your available balance for up to 90 days. Until the transaction finally settles, you will not be able to use the money in your account that is “on hold.” We will only charge your account for the correct amount of the final transaction, however, and we will release any remaining amount when the transaction finally settles. If you want to use your Card to purchase gas, you should use your Card with your PIN in “debit” mode to “pay at the pump.” You will need to go inside to pay if you do not want to use your PIN.

e. Foreign Transactions. If you conduct a transaction in a currency other than U.S. dollars, the merchant, network or card association that processes the transaction may convert any related debit or credit into U.S. dollars in accordance with its then current policies. Visa currently uses a conversion rate that is either: (a) selected from a range of rates available in the wholesale currency markets on or one day prior to its central or transaction processing date (note: this rate may be different from the rate the association itself receives), or (b) the government-mandated rate. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your account. We will impose a charge equal to 3% of the transaction amount (including credits and reversals) for each transaction (U.S. or foreign currency) that you conduct at merchants (including foreign websites) outside the United States or in a foreign currency. This charge is in addition to the Bank’s usual out-of-network ATM fee.

f. ATM Safety. You agree to exercise discretion when using ATMs. If there are any suspicious circumstances, do not use the ATM. If you notice anything suspicious while transacting business at the ATM, cancel the transaction, pocket your Card and leave. Be careful when using the ATM and be aware of the surroundings, especially at night or in isolated areas. Park near the ATM in a well-lighted area. At night, have someone accompany you when possible. Do not approach a dark ATM. Do not accept assistance from anyone while using the ATM. Don’t display your cash; pocket it and count it later in the safety of your office or home. Be sure to save your transaction slips. Check them against your statements regularly. Prepare deposits at home to minimize your time at the ATM. Make sure you safeguard your PIN — do not write it on your Card or carry it in your wallet or purse. Always secure your Card just like you would your cash, checks and credit cards. Report all crimes to the ATM operator and local law enforcement officials immediately. We do not guarantee your safety while using the ATM.

g. Refunds on Purchases. Cash refunds will not be made to you for purchases made with your Card. If a merchant gives you a credit for merchandise returns or adjustments, it may do so by processing a credit adjustment, which we will apply as a credit to the account from which the original funds were debited. For security reasons, if a credit is applied to your account for which there was no debit originally, we may block the use of your account.

8. Limits on Your Account.

a. Balance Limit. The maximum amount of money you can have in the aggregate in your primary deposit account and your MoneyVault account together is $50,000. We call this the “maximum account balance.”

b. Other Limits. You agree not to use your account for business purposes. We may, in our sole discretion, close your account if we determine that it is being used for business purposes. We may revoke or suspend your account privileges or cancel your account with or without cause or notice, other than as required by applicable law.

9. Electronic Funds Transfers; Other Rights & Terms

a. Money Vault Transfers. You can transfer money from your primary deposit account to your Money Vault account (and from your Money Vault account to your primary deposit account) at any time. All transfers must be conducted through our website or Mobile App. We’re sorry, but we cannot accept transfer instructions over the phone. Once you instruct us to move money from your primary deposit account to your Money Vault account, that money will be unavailable for you to otherwise spend or transfer from your primary deposit account. There are no fees associated with the Money Vault account. You cannot cash out your Money Vault account; the only way to access money in your Money Vault account is to transfer it to your primary deposit account. If you have a negative balance in your deposit account and you transfer money from your Money Vault account, we will first apply the money you transfer to cover your negative balance.

b. Your Liability for Unauthorized Electronic Fund Transfers. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission. Unless we determine that you were grossly negligent or fraudulent in the handling of your account or Card, you will not be liable for the $50 amount described above for transactions with a Visa Debit Card processed over the Visa network (excluding ATM transactions).

If your statement shows transfers that you did not make, including those made by Card, PIN or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

c. In Case of Errors or Questions About Your Electronic Transfers. Call us at (888) 280-8260 or write us at GoBank Member Care, P.O. Box 1188, Monrovia, CA 91017 described above as soon as you can if you think your statement or receipt is wrong or if you need more information about an electronic transaction. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

In addition, it would be helpful if you provided us with any supporting documentation related to the error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

d. Lost or Stolen Card/PIN or Unauthorized Transaction. If you believe your Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us at (888) 280-8260 or write us at GoBank Member Care, P.O. Box 1188, Monrovia, CA 91017.

e. Our Liability for Failing to Make Transfers.If we do not complete an electronic fund transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. There are some exceptions, however. We will not be liable, for instance, if:

There may be other exceptions stated in our agreement with you.

f. How to Stop Preauthorized Transfers From Your Account. If you have told us in advance to make regular payments out of your account, you can stop any of these payments by writing to us at GoBank Member Care, P.O. Box 1188, Monrovia, CA 91017, or by calling us at (888) 280-8260.

We must receive your request at least three business days before the payment is scheduled to be made. (Note: If you fail to give us your request at least three business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing.) If you call, we may require you to put your request in writing and to provide us with a copy of your notice to the payee, revoking the payee’s authority to originate debits to your account, within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to your account. For individual payments, your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer, and the identity of the payee. Unless you tell us that all future transfers to a specific recipient are to be stopped, we may treat your stop payment order as a request concerning the one transfer only. If you order us to stop one of these payments at least three business days before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

g. Varying Preauthorized Transfers. If you have arranged in advance to make regular payments out of your account and they may vary in amount, the person you are going to pay will tell you 10 days before each payment when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

h. Account Information. You can obtain information regarding your Bank accounts that are tied to this service. Please note that balance information may not reflect recent transactions, and may include funds that are not available for immediate withdrawal. The balance information feature is not subject to the error resolution or liability sections set forth above.

i. Account Statements. You will have access to an account statement at GoBank.com as required by law. Your statement will be a combined statement that will reflect both your primary deposit account and in your Money Vault account. You should carefully review your statements each statement period and let us know as soon as possible if there are any errors. If you do not, you may be responsible for unauthorized transactions as described in Section 9.b. above. We’re sorry, but we do not mail monthly paper statements.

If we provide you with a notice or statement, electronically or otherwise, you must promptly and carefully review it to determine if any errors or problems exist. You agree to notify us immediately of any error, discrepancy or unauthorized transaction you discover on any statement or notice. If you fail to do so, you may become responsible for the losses resulting from such failure.

j. Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Utah.

k. Amendments/Changes in Account Terms. We may add to, delete or change the terms of our agreement with you at any time by mailing, e-mailing or delivering a notice, a statement message or an amended agreement to you at the last address (location or e-mail) on file for you, your account, or the service in question. Unless otherwise required by law, we may amend the agreement without prior notice (e.g., by posting the information on GoBank.com, or otherwise making it available to you).

We may substitute similar services or discontinue currently offered services for certain accounts by giving you prior notice. We do not have to notify you, however, of any changes that are beneficial to you (e.g., a reduction or waiver of any fees or the addition of services) or if the change is required for security reasons.

l. Information Given to Third Parties. We may disclose information to third parties about you, your account, and the transactions on your account: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of the account for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer the account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to identify, prevent, investigate or report possible suspicious or illegal activity; (vii) in order to issue authorizations for transactions on the account; and (viii) as permitted by law. Please see our Privacy Policy for further details.

10. Additional Terms & Conditions

a. Adjustments. We may make adjustments to your account whenever a correction or change is required. Adjustments might occur, for example, if deposits are recorded or keyed in the wrong amount or items you deposit are returned unpaid.

b. Account Contact Information Changes. You agree to notify us immediately in writing of any change in your name, address, email address, or other contact information associated with your account. We may rely on our account records to determine the ownership of your account.

c. Compliance. You agree not to violate the laws of the United States, including without limitation, the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. You may not use your account or any account-related service to process Internet gambling transactions or conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.

d. Conflicting Demands/Disputes. If there is any uncertainty regarding the ownership of an account or its funds, there are conflicting demands over its ownership or control, we are unable to determine any person’s authority to give us instructions, we are requested by Adult Protective Services or any similar state or local agency to freeze the account or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or we believe a transaction may be fraudulent or may violate any law, we may, at our sole discretion: (1) freeze the account and refuse transactions until we receive written proof (in form and substance satisfactory to us) of each person’s right and authority over the account and its funds; (2) refuse transactions and return checks, marked “Refer to Maker” (or similar language); (3) require the signatures of all authorized signers for the withdrawal of funds, the closing of an account, or any change in the account regardless of the number of authorized signers on the account; (4) request instructions from a court of competent jurisdiction at your expense regarding the account or transaction; and/or (5) continue to honor checks and other instructions given to us by persons who appear as authorized signers according to our records. The existence of the rights set forth above shall not impose an obligation on us to assert such rights or to deny a transaction.

e. Consent For Us to Call You. You agree that we or our agents may contact you at any telephone number you provide to us, including your cell phone number. You agree to receive these calls and messages, such as a text message or prerecorded or autodialed calls. You understand that your service provider may charge you for these calls/messages.

f. Consent to Gather Information. You authorize us to obtain information from time to time regarding your credit history from credit reporting agencies and other third parties. You authorize us to obtain address information from the California Department of Motor Vehicles or any other government agency. As such, you waive your rights under California Vehicle Code §1808.21 (or equivalent).

g. Cutoff Hours. Instructions received by us on a weekend, holiday or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.

h. Death or Adjudication of Incompetence. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if an accountholder dies or is adjudicated incompetent.

If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an accountholder, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds.

i. Deposit Insurance. Your accounts with us are insured to the regulatory limits by the Federal Deposit Insurance Corporation (FDIC). For further information regarding insurance of accounts, you may write to the FDIC at 550 17th Street, N.W., Washington, D.C. 20429, telephone the FDIC’s toll free consumer hotline at (877) 275-3342, or visit its website at www.fdic.gov.

j. Fax Instructions/Voice Mail/E-mail. We may, but are not required to, act upon instructions received by fax transmission, voice mail or e-mail. We may not review your message until the business day after its receipt. As such, it may not be appropriate to use these methods of communication if you need to reach us with time-sensitive information. For security reasons, you should not send us e-mails with your personal or account information.

k. Force Majeure. We shall not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.

l. Governing Law. To the extent this agreement is subject to the laws of any state, it will be subject to the law of the State of Utah, without regard to its conflict of law provisions.

m. Inactive Accounts. For security reasons, we may refuse a withdrawal or transfer from accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction’s authorization. We may transfer (escheat) your property to the appropriate state if no activity occurs in the account or you fail to communicate with us regarding your account within the time period specified by state law. We may consider an account inactive even if you maintain another active account with us. We may impose a fee for sending a dormant account notice to you prior to transferring the funds to the state. If funds are transferred to the state, you may file a claim with the state to recover the funds.

n. Legal Process. We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process which we believe (correctly or otherwise) to be valid. We may notify you of such process by telephone, electronically or in writing. If we are not fully reimbursed for our record research, photocopying and handling costs by the party that served the process, we may charge such costs to your account, in addition to our minimum legal process fee. You agree to reimburse us for any cost or expense, including attorney fees, which we incur in responding to legal process related to your accounts. You agree that we may honor legal process that is served personally, by mail, email or facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your account or records are maintained.

o. Limitation on Time to Bring Action. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this agreement or by law with respect to your account or any account service must be commenced no later than one year after the day the cause of action accrues.

p. Other Agreements. You may have another agreement with us which, by its terms, supersedes this agreement in whole or in part. For example, certain provisions of your other agreements with us (e.g., involving our online services) may supersede some of the terms of this agreement, to the extent that they are inconsistent.

q. Negative Balances. If you do not have enough money in your account to cover the amount of a check or other transaction (e.g., teller cash withdrawal, bill payment, or other electronic transaction), we may reject the transaction without payment. We may elect, however, in our sole discretion to create a negative balance in your account by paying the check or permitting the transaction. If we permit a negative balance or otherwise allow your account balance to drop below zero, you agree to pay the amount of the overdraft promptly, without notice or demand from us. You agree that we may use subsequent deposits and other credits to the account, including without limitation, deposits of government, welfare, retirement and Social Security benefits, to cover any negative balance existing in your account, to the fullest extent permitted by law.

Our payment of any checks or allowance of transactions that create negative balances in no way obligates us to continue that practice at a later time. We may discontinue permitting negative balances without cause or notice to you. We discourage the practice of overdrawing accounts.

r. Power of Attorney. You may appoint an attorney-in-fact for an account and or you may revoke a power of attorney. You should notify us in advance if you plan to create a power of attorney involving your account. We generally will accept a Uniform Statutory Form Power of Attorney that complies with state law. We may refuse to accept other forms of powers of attorney, however, with or without cause.

We may act on the instructions of an attorney in fact whether or not the attorney in fact relationship is noted in the instruction (e.g., on any check signed by the attorney in fact). You can revoke your power of attorney by sending a written notice to us. We assume no duty to monitor the actions of your attorney-in-fact to ensure that he or she acts for your benefit.

s. Security Interest & Setoff. You grant us a security interest in your account, including all current and future deposits, for amounts owing to us now and/or in the future under this agreement or under any account service agreement by any owner. We may charge or set off funds in your account for any direct, indirect and/or acquired obligations that you owe us now and/or in the future, regardless of the source of the funds in the account, to the fullest extent permitted by law. If you have a negative balance in your account, we may deduct the negative balance amount from any current or future funds on this or any other account you register or maintain (including any other Green Dot Bank accounts or prepaid cards).

t. Severability. If any of the provisions of this agreement are determined to be void or invalid, the remainder of the agreement shall remain in full force and effect.

u. Telephone and Electronic Communication Monitoring/Recording. We may monitor telephone conversations and electronic communications for quality and control purposes without prior notice to you. We usually do not record conversations without notice to you.

v. Termination/Closing Your Account. We may automatically close your account if the account balance is zero. We may terminate your account relationship with us at any time, with or without cause, with or without notice. If the funds are not withdrawn, we may send a check for the account balance to you at the last address we have on file for the account.

We may dishonor any check, item or transaction presented for payment after an account is closed. You remain responsible for such items and transactions, which may be treated as overdrafts.

w. Transfers/Assignments. Unless otherwise agreed by us in writing, all accounts are non transferable and non negotiable. You may not grant, transfer or assign any of your rights to an account without our prior written consent. We are not required to accept or recognize an attempted assignment of your account or any interest in it, including a notice of security interest.

x. Waivers. We may delay enforcing our rights under this agreement without losing them. Any waiver by us shall not be deemed a waiver of other rights or of the same right at another time. You waive diligence, demand, presentment, protest and notice of every kind, except as set forth in this agreement.

y. Termination or Suspension of Service. We may suspend or terminate your access to or use of any or all of our services at any time without cause in our sole discretion. We may immediately suspend your use of our services if you breach this or any other agreement with us or we have reason to believe there has been or may be an unauthorized use of your GoBank account.

11. Dispute Resolution

a.Acknowledgment of Arbitration. Your account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration clause. By opening your account, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

ARBITRATION NOTICE

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR ACCOUNT MAY BE RESOLVED BY BINDING ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW.

CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ARBITRATE A CLASS ACTION. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM.

Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) the account; (ii) any service relating to the account; (iii) the marketing of the account; (iv) this Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the account or any such service (“Claim”) shall be decided, upon the election of you or the Bank (or the Bank’s agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed. The American Arbitration Association (“AAA”) shall serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.

Other Claims Subject to Arbitration. In addition to Claims brought by either you or the Bank, or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.

Exceptions. You and we agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. This arbitration provision also does not limit or constrain the Bank’s right to interplead funds in the event of claims to account funds by several parties.

Individual Claims Only. It is the intent of the parties to require Claims to be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. However, co-applicants, second cardholders and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person.

Arbitration Fees. If you initiate arbitration, the Bank will advance any arbitration fees, including any required deposit. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit. Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years experience or who is a former or retired judge. The arbitration shall follow the rules and procedures of the arbitration administrator in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the arbitration administrator and this arbitration provision, in which case this arbitration provision shall govern. Any in-person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. At the request of any party, the arbitrator will provide a written explanation of the basis for the disposition of each claim, including written findings of fact and conclusions of law. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA.

APPENDIX A - Online and Mobile Banking Agreement

Effective April 4, 2013

1. Introduction. This Online and Mobile Banking Agreement (“Agreement”) sets forth the terms and conditions that apply to your access and use of the GoBank online and mobile banking services (“Service”) provided by Green Dot Bank, Member FDIC. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us” and “GoBank” refer to GoBank, a brand of Green Dot Bank, Member FDIC. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Deposit Account Agreement with us. Your use of the Service will be deemed further evidence of your agreement to these terms. The Service is made available to you via the GoBank website, located at GoBank.com (“Website”) and the GoBank mobile application (“Mobile App”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE VIA THE WEBSITE OR MOBILE APP. DO NOT USE THE SERVICE VIA THE WEBSITE OR MOBILE APP IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. By accessing or using the Service, you represent that you are 18 years of age or older and you have read and agree to be bound by this Agreement in its entirety and all applicable laws, rules and regulations governing your use of the Website or the Mobile App. This Agreement may be amended by posting a new version to the Website and the Mobile App, which version will be effective upon posting.

2. Our Service. The Service allows you to access the following features and services through the Website or Mobile App:

  • Account Access — You can sign up for an account, obtain information about your accounts and transactions, set up a custom debit card, communicate with us, receive notifications about balance fluctuations, view statements, and find fee-free ATMs.
  • Bill Payments — You can make bill payments to others.
  • Person to Person Transfers — You can send and receive money through the GoBank person to person transfer service.
  • Budget Tool and Fortune Teller™ — You can set up a budget to track income and expenses, and use the Fortune Teller in our Mobile App to determine whether you can afford to make a purchase based on your budget inputs.

3. Your Equipment. To use the Service, you must have the browser and equipment described in the Electronic Communications Agreement. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer, mobile phone or software, or for any computer virus or related problems that may occur with your use of this Service. You are responsible for ensuring that your computer and/or mobile phone and software are compatible with our system. We reserve the right to change our system requirements from time to time. We reserve the right to support only certain types of mobile phones and mobile operating systems. Note: Some browser software may store user names and security codes to facilitate the future use of a web site. For security reasons, you agree to disable this feature in your browser. Check your browser’s “Help” screen for more information on this feature. If you are unable to connect to the Service for any reason, please contact a GoBank Guide at (888) 280-8260.

4. Your Login Credentials. You will have one or more User IDs, passwords and/or other means of identification and authentication (collectively, “Login Credentials”) that will be needed to access the Service. You are responsible for keeping your Login Credentials secure and confidential. Never place your Login Credentials on or near your computer or mobile phone. For security reasons, we may disable your Login Credentials if they are entered incorrectly several times. We may act on any Service instruction that is accompanied by your Login Credentials. You agree not to disclose your Login Credentials to anyone.

5. Account Balance and Transaction Information. You can use the Service to obtain account balance and transaction information anytime of the day, seven days a week, except when the system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal.

6. Bill Payments. You can make payments to others from your account with us using our bill payment service.

Who You Can Pay. You may only pay people or companies with United States addresses. You cannot make tax payments or court ordered payments, or payments that are prohibited by law. We reserve the right to determine who you can pay using the bill payment service. Payments can be made on the business day following the day a payee is set up on the Service, as long as your instruction is received by 3:00 p.m. Pacific time. Payments arranged after 3:00 p.m. may not be initiated until the following business day.

How Much You Can Pay. You can pay up to $5,000 per check or payment.

Scheduling Bill Payments. You may instruct us to send a payment on any business day (the “Scheduled Payment Date”), up to one business day in advance.

Bill payments will be made either by transferring funds electronically from your account to the person or company you want to pay or by sending a check that will be mailed to the person or company you want to pay. We will, in our sole discretion, pick the method of bill payment for each bill you pay.

Bill payments are processed only Monday through Friday. Any request made on a weekend, holiday, or after 3:00 p.m. Pacific time on a business day may be processed on the following business day. Payments may be sent to payees either as an electronic payment (for payees that can receive such payments) or as a check. Because it could take up to 5 days for a payee to receive a check through the U.S. mail, you should allow at least that much time for payments by check. Do not rely on any payment grace period. You are responsible for scheduling payments to be made in a timely manner. We will not be responsible for delays that occur in the postal system or automated clearing house, or for any action or omission by a payee.

Payments will normally be posted to your account within two business days of the date that the payment was sent to the payee. You will receive a confirmation number at the time that you set up each bill payment.

Setting Up Automatic Recurring Payments. You may use the Service to make regularly recurring payments in the same amount to the same payee. Once your arrangements are set, we will send your payment automatically each month. If the Scheduled Payment Date for an automatic payment falls on a weekend or holiday, the payment may be sent the following business day. If you set up an automatic recurring payment, you must make sure that you have enough money in your account to cover the payment when it is scheduled to be made. We are not responsible for payments that do not get made because you do not have enough money in your account. If a regularly scheduled payment does not get made because you do not have enough money, your payment will not automatically get made when you have enough money in the account again.

Errors with Bill Payments. You assume sole responsibility for accurately describing who you want to pay, payment amounts, and payee addresses. We are not responsible for confirming any of this information. We are also not responsible for making sure that you do not set up duplicate bill payments. If you give us a payment instruction that is incorrect in any way, you agree that we may charge your account for the payment whether or not the error could have been detected by us. We are not obligated to detect errors in your transfer or payment instructions.

Rejecting Bill Payments. We may reject payment orders with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a payment order, for example, if our system indicates that there may not be sufficient time to make the payment to the payee by the Scheduled Payment Date. We also may refuse to send a payment if you do not have sufficient available funds to cover the payment. If we reject a payment, you will need to re-enter the information if you wish to make the payment at a later date.

Changing, Cancelling, and Stopping Bill Payment Orders. You can cancel or change a payment request electronically by deleting or changing the payment instruction from the payment screen. To do this, you must act before 3:00 p.m. (Pacific Time) of the business day before the Scheduled Payment Date.

Member Profile Updates. It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made online at GoBank.com. All changes made are effective immediately for scheduled and future payments paid from the updated information. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate biller, account or contact information.

7. Person to Person Transfers. You can use our person to person transfer service to send money to another person.

When you use this service, you authorize us to act as your agent and attorney-in-fact for the limited purpose of communicating with others regarding your instructions, and processing your transfers.

Sending Funds. You can send funds to a recipient by (a) inputting the recipient’s email address into our Service so that we can send the recipient an email notifying them that you are sending them funds, (b) inputting the recipient’s mobile phone number into our Service so that we can send the recipient a text message notifying them that you are sending them funds or (c) connecting to your Facebook account and sending a message through Facebook. If you send a message through Facebook, your use of that service is subject to our Facebook app terms of use. We are not responsible if you input the incorrect email address or mobile phone number, or select the incorrect recipient through Facebook, and the recipient completes the transfer. We will debit the funds for the transfer from your account at the time you set up a transfer. The recipient of the pending transfer will need to open a GoBank account in order to receive their money and complete the transfer. We may, in our sole discretion, offer the recipient other ways to pick up the pending transfer. You may only send up to $500 per day and $2,500 in any 30 day period using our Service. Beginning April 17, 2013, you may only send up to $2,000 per day and $5,000 in any 30 day period using our Service.

You agree not to impersonate another person or send any messages that are fraudulent or offensive. If the recipient opens a GoBank account, we will deposit the funds to the recipient’s account. If the recipient fails to open a GoBank account within 10 days or the transfer cannot be made for any other reason, we will notify you and return the funds to your account.

Receiving Funds. If another person (a “Sender”) instructs us to transfer funds to your account, you authorize us to deposit the funds to your GoBank account and represent to us that you are the person intended by the Sender to receive the funds. As with sending funds, you acknowledge that there will be a delay between the time you are notified of a pending transfer and the date funds are deposited to your account.

Declined and Reversed Transactions. We may decline to complete a transfer if: (a) we believe it may involve or result in a violation of law or expose us to liability or risk of loss; (b) we are unable to authenticate the sender or intended recipient; (c) there are insufficient available funds for the transfer; (d) the transfer instruction is unclear, ambiguous or incomplete; (e) we identify a security risk involving the transaction; or (f) as otherwise stated in this Agreement. If a transfer is rejected for any reason, we will notify you and attempt to return the funds to the sender’s account.

Cancelling and Changing Transfer Instructions. You may cancel or change a transfer by following the instructions provided in the Mobile App or Website prior to the time the recipient acknowledges and completes the transfer. Please note that if you send money to another existing GoBank accountholder, that transfer will be instantly credited to the recipient and cannot be cancelled.

8. Budget Tool/Fortune Teller. The budget tool is designed to help you track income and expenses. In order to use the tool, you must input your own income and expenses. The budget tool does not automatically populate your budget with your deposits (including direct deposits) or with your bill payments. The Fortune Teller uses only what you input into the budget tool to determine if you have enough money to make a purchase. The budget and Fortune Teller are made available for you as tools for your use and are not intended to provide financial advice. We cannot and do not guarantee their applicability or accuracy in regards to your individual circumstances. All individuals are different with different incomes and specific needs and goals. We are not responsible for the accuracy of either the budget tool or the Fortune Teller, and neither of these tools takes into account your personal financial position, or any income or expenses that you have not input.

9. Account Alerts. The GoBank Account Alerts (the “Alerts Service”) enables you to request and receive notices (collectively, “Alerts”, individually, an “Alert”) from time to time concerning available account information and other matters relating to your GoBank account. You may request and receive Alerts via SMS text message through a SMS-enabled mobile device (“SMS Alert or through push notifications delivered from our Mobile App to your mobile device (“Push Alert”). You may also choose to receive Alerts at an e-mail account that is accessed via a personal computer (“E-mail Alert”). The Alerts Service is only available to those over the age of majority in their state who have an account which is in good standing. By signing up to receive one or more of the Alerts that are offered by the Alerts Service, you acknowledge that you are aware of and agree to abide by the terms and conditions applicable to the Alerts Service. Please be certain to review terms and conditions specific to Push Alerts and SMS Alerts (collectively “Mobile Alerts”) and E-Mail Alerts, below.

General Alerts Service Terms And Conditions.

You acknowledge and agree that your receipt of any Alert may be delayed or prevented by factor(s) outside of our control, including factors affecting your wireless service provider and coverage in your area. We do not guarantee the delivery, timeliness or accuracy of the contents of each Alert. The Service is subject to transmission limitations and service interruptions. You agree to indemnify, defend and hold GoBank and its directors, officers, employees and agents (collectively, “Released Parties”) free and harmless from any and all losses or damages, including attorneys’ fees, lost profits, and indirect or special damages, including, but not limited to, to those relating to bank secrecy or financial privacy laws or regulations, that may arise, directly or indirectly, in whole or in part, from: a non-delivery, delayed delivery, or the misdirected delivery of an Alert; inaccurate or incomplete content in an Alert; your reliance on or use of the information provided in an Alert for any purpose; or any third party, whether authorized or not, obtaining information regarding your account disclosed in the Alerts.

We provide the Alerts Service purely as a convenience to you and for information purposes only. Alerts do not constitute a record for the account to which it pertains. We do not assume any additional responsibility or obligation under these terms and conditions in respect of the use of, or any transaction or eventuality involving, your account. The Alerts Service does not free you from the responsibility of safeguarding the physical security and authorized use of your account.

We reserve the right to suspend, terminate, and modify the Alerts Service without liability at any time without prior notice to you.

We may deactivate the sending of Alerts to you if your account is not used for a purchase, ATM transaction, deposit or transfer for a period of sixty (60) days. If Alerts are deactivated for your account and you resume use of your account and wish to restore Alerts, you will be required to re-enroll your account in the Alerts Service to restore Alerts.

Mobile Alerts Additional Terms And Conditions. The Alerts Service allows you to request and receive Mobile Alerts. We send Mobile Alerts to you based upon the instructions you provide to us, including the mobile number you provide to us at GoBank.com. You hereby acknowledge and accept that each Mobile Alert may be sent to you without being encrypted and may include your name and information pertaining to your account. Depending upon which alerts you select, information such as your account balance may be included. If anyone accesses your mobile device, they may be able to view the contents of these Alerts. You are solely responsible for restricting access to your mobile device and maintaining the confidentiality of any information displayed through a Mobile Alert. For help regarding SMS Alerts, text “HELP” to 43411 or contact us. You can unsubscribe from SMS Alerts at any time by texting “STOP” to 43411. You can unsubscribe from Push Alerts at any time via the settings feature of your mobile device or via the GoBank Mobile App, under “Account.” By enrolling in Mobile Alerts, you are consenting to receive Mobile Alerts and other messages delivered via text message or push notification to your mobile device, including a confirmation receipt of STOP messages when you unsubscribe from SMS Alerts. Message and data rates may apply to your use of Mobile Alerts. See your wireless provider for pricing plan details.

It is your responsibility to: ensure the security of your mobile device; determine if your wireless provider supports SMS; and ensure your mobile device is capable of receiving SMS or push notifications.. You are solely responsible for any fees imposed of any kind whatsoever by your wireless service provider in connection with Mobile Alerts. The Service is available on these US carriers only: AT&T, Sprint, Nextel, Verizon Wireless, U.S. Cellular, T-Mobile, Cellular One Dobson, Cincinnati Bell, Alltel, Virgin Mobile USA, Cellular South, Unicel, Centennial, Ntelos.

E-Mail Alert Additional Terms And Conditions. The Alerts Service allows you to receive E-mail Alerts about your account. We send E-mail Alerts to you based upon the instructions you provide to us, including the email address you provide us on GoBank.com. You hereby acknowledge and accept that each E-mail Alert may be sent to you without being encrypted and may include your name and information pertaining to your account. Depending upon which alerts you select, information such as your account balance may be included. Anyone with access to your email will be able to view the contents of these Alerts. You may unsubscribe from E-Mail Alerts anytime by managing your Account Alert preferences through the Website or Mobile App. It is your responsibility to ensure the security of your e-mail account. You are solely responsible for any fees imposed of any kind whatsoever by your Internet service provider.

10. Website Terms of Use and Mobile App End User License Agreement.

Mobile App End User License Agreement. The Mobile App End User License Agreement (“Mobile App Agreement”) applies to your access and use of the Mobile App. GoBank has the right to terminate or suspend your access to or use of the Mobile App, with or without notice, in the event that you violate the Mobile App Agreement. In case of any discrepancy between this Agreement and the Mobile App Agreement, the terms of this Agreement will prevail.

Proprietary Rights; Use of Content. The Website and Mobile App are owned and operated by GoBank or its affiliates, licensors and/or third party service providers (the “GoBank Parties”) and unless otherwise indicated, all designs, text, images, videos, graphics, software and other content and materials appearing on the Website or Mobile App (collectively, “Content”) are the property of GoBank or the GoBank Parties, and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, “Marks”) appearing on the Website or Mobile App are the property of GoBank or the GoBank Parties. You may not make any use of any Content or Marks without the prior written consent of GoBank. No Content from the Website or Mobile App may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Your Conduct. In using or accessing the Service you agree: (1) not to use the Service for fraudulent purposes; (2) not to “spam” others or “phish” for others’ personal information; (3) not to create or use a false identity; (4) not to disrupt or interfere with the security of, “deeplink”, attempt to obtain unauthorized access to or otherwise abuse, the Service or affiliated or linked websites; (5) not to disrupt or interfere with any other user’s enjoyment of the Service; (6) not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including Content); (7) not to use meta tags or any other “hidden text” utilizing a Mark ; and (8) not to use the Service in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation.

Third Party Websites and Services. The Website and Mobile App may contain links to third party websites and services, over which GoBank has no control. You acknowledge and agree that GoBank does not endorse, verify, or make any representations regarding these third party websites and services and is not responsible for the availability of, and any liability arising from, any such third party websites and services. GoBank is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third party websites and services.

Termination; Modification. GoBank reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason. GoBank may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that GoBank shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

11. Disclaimer. GOBANK MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SERVICE, THE WEBSITE, THE MOBILE APP, OR ANY, CONTENT OR ONLINE OR MOBILE SERVICES PROVIDED THEREIN (“GOBANK MATERIALS”), ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOBANK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE GO BANK MATERIALS , AND ANY THIRD PARTY WEBSITE OR SERVICE. GOBANK DOES NOT WARRANT THAT THE GO BANK MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GO BANK MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THE GOBANK MATERIALS, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOBANK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE GOBANK MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

GoBank will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the GoBank’s reasonable control.

12. Hours of Operation. You can access account information through the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.

13. Privacy. Please see our Privacy Policy and Technology Privacy Statement for information about how we collect, use and disclose your information.

14. Electronic Mail. If you send us electronic mail (“e-mail”), we may not receive or review it immediately. We will have a reasonable time to act upon any e-mail request or notice, and reserve the right to reject any transaction or request received by e-mail. For security reasons, you should not send us any e-mail with your account or personal information in it. Our service providers and we assume no responsibility for viruses created by third parties, or for any third party’s unauthorized access to, or use of, your computer system.

15. Discrepancies. We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.

If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.

16. Documentation. We will make available to you a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will receive or have electronic access to a statement at least quarterly.

17. Service Fees. There are no fees for accessing information about your accounts or paying bills through the Service. We are not responsible for any fees that may be billed to you by your Internet service provider.

18. Limitations. We reserve the right to limit the frequency and dollar amount of transfers and payments for security reasons. We may permit you to exceed these limits from time to time at our sole discretion. Payments and transfers may only be made to and from account in the United States, and only in U.S. dollars. We also may deny or limit transactions for security reasons. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law.

19. How to Notify Us of a Problem. If you have a question about a Service transaction, believe your Login Credentials or security question have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call us at (888) 280-8260 or write to us at GoBank Member Care, P.O. Box 1188, Monrovia, CA 91017.

20. Limitation on Time to Sue. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.

21. Indemnification. Except as otherwise set forth in this Agreement, you agree to indemnify, defend and hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without limitation, attorney fees) related to or arising out of: (a) your actions and omissions in connection with your accounts or our Service, or (b) our actions and omissions, provided that they are taken/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement.

22. Other Terms. This Agreement incorporates, supplements and supersedes where inconsistent, the terms of your account agreement with us. Please see that agreement for other terms relating to this Service (e.g., waivers, governing law, and overdrafts). You agree to comply with the Terms and Conditions found at our web site, as well as any Service guidelines and instructions set forth at that site. Unless we agree otherwise in a writing that specifically refers to this Agreement, this Agreement, our web site terms and conditions, and your account agreement contain all of the terms of our agreement with you with respect to the Service. You agree that your download and use of the Mobile App is subject to the license agreement for the Mobile App.

23. Change in Terms. We may add to, delete from, or change the terms of this Agreement at any time by sending a notice to any of you at the mail or e-mail address shown in our records, by posting the notice or an amended Agreement on our web site, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.

Note: The Service may not be available at all times. We may make additional services or new features available from time to time.

24. Termination. We may terminate or suspend your access to all or part of the Service at any time, with or without cause. Any indemnification required by this Agreement shall survive its termination.